Air Wisconsin Airlines Corp. v. Hoeper

Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel to the respondent in this case.

Holding: Under the Aviation and Transportation Security Act, airlines and their employees are immune from civil liability for reporting suspicious behavior, but – pursuant to 49 U.S.C. § 44941(b) – that immunity is not available for disclosures “made with actual knowledge that the disclosure was false, inaccurate, or misleading” or “with reckless disregard as to the truth or falsity of that disclosure.” Immunity under the ATSA may not be denied under Section 44941(b) without a determination that a disclosure was materially false.
applies to materially true statements.

Judgment: Reversed and remanded, 9-0, in an opinion by Justice Sotomayor on January 27, 2014. Justice Scalia filed an opinion concurring in part and dissenting in part, in which Justice Thomas and Justice Kagan joined.

Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, Breyer, and Alito, JJ., joined, and in which Scalia, Thomas, and Kagan, JJ., joined as to Parts I, II, and III-A. Scalia, J., filed an opinion concurring in part and dissenting in part, in which Thomas and Kagan, JJ., joined.

Feb 21 2014

Petition for Rehearing filed.

Feb 26 2014

DISTRIBUTED for Conference of March 21, 2014.

Mar 24 2014

Rehearing DENIED.

Mar 24 2014

JUDGMENT ISSUED.

Mar 27 2014

Record returned to Supreme Court of Colorado. (3 Boxes)

Disclosure: Goldstein & Russell, P.C., whose attorneys work for or contribute to this blog in various capacities, is among the counsel to the respondent in this case.

Issue: Whether immunity under the Aviation and Transportation Security Act may be denied without a determination that the air carrier’s disclosure was materially false.